Weapon Ownership Info
YES, chances are you can own a Class III weapon. We have heard all kinds of myths surrounding the ownership of these weapons, below is a list of some of the FAQ's we get asked.
Q. Do I have to have a license to own a Class III weapon ?
A. The ATF does NOT required you to have a "license" to own Class III weapons, there is however a $200.00 transfer tax to be paid on each Machinegun, Suppressor, Short Barrelled Rifle & Short Barrelled Shotgun & there is a $5.00 transfer tax on AOW's (Any other Weapons)
Q. Do I have to pay this tax annually ?
A. No, this is a one time tax. It will never have to be paid again unless you sell the weapon & transfer it to another individual.
Q. What are the requirements to own a Class III weapon ?
A. * You have to live in a state where Class III weapons are legal.
*You have to be a US citizen.
* At least 21 yoa.
* Never been convicted of a Felony or Domestic Violence (felony of misdemeanor).
* Never been dishonorably discharged from the military.
* Never been adjudicated mentally defective.
Q. How long does it take to get my weapon after I have paid for it.
In-State Customers - Once you have completed your Form 4 paperwork in duplicate along with you citizenship certifications form & fingerprint cards it is then sent it to BATF NFA Branch, you will be waiting approx. 10-12 months for the paperwork to be approved. Once it has been received by the ATF. Once it is approved ATF they will send us back one of the approved Form 4's & we will call you to come pick up your paperwork & weapon. Note: We prepare all paperwork here for you so when you leave all you will need to do is get your fingerprints takesn & CLEO signature. There is no additional charge for this as long as you are purchasing the item from us.
Out of State Customers - Once
we receive payment & a copy of your transferring dealers FFL/SOT
we will send the transfer paperwork in to ATF. Once they receive it,
it usually take 1-2 months for the approved paperwork to be approved.
Once it is approved we ship your weapon to your Class III dealer &
you would go to his shop & he would prepare the paperwork to
transfer the weapon to you.
Q. What is a CLEO Signature?
A. CLEO stands for (Chief
Law Enforcement Officer) . When a Class III firearm transfers to
an individual he or she will need to obtain a signature from their
CLEO. Your CLEO can be several different people. Below is a list of
who they can be.
* Chief of Police of your city, if you live in the city limits.
* Sheriff of your county of residence.
* Circuit Court Judge of your county of residence.
* Prosecuting Attorney of your county of residence.
* Federal Court Judge of your county of residence.
* Head of the State Police
* OR Anyone that one of the people listed above has given authority to sign for them.
* You can also transfer to your Corporation or a Revocable Trust in your name. You can do both of these w/o CLEO signature, fingerprints or photos.
Q. If I can't get a CLEO signature do I have any other options?
A. Yes. You can start a Corporation & put the weapons in the corporations name, then you don't need a CLEO signature. Another easier & more cost effective was is to set up a revocable Living Trust in your own name. Click here for more information about both.
Q. Are Class III weapon legal
in my state?
A. Machineguns are ILLEGAL for individuals in DE, DC, HI, NY, WA, CA, IL, IA, KS, MI, NJ, RI
ONLY Class 3 dealers are allowed possession machineguns in CA, IL, IA, KS, MI, NJ, RI
For silencers see maps below.
At this time, the following states allow private ownership of silencers: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KS, KY, LA, ME, MD, MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, WV, and WY. Of the fourteen states that do not allow civilian ownership, CA, IA, MA, MO, and MI allow Class 3 dealers and Class 2 manufacturers to possess silencers.